Law on British Citizenship - Essay Example

Examine the extent to which government policy and the law on British citizenship has become overly preoccupied with testing ‘allegiance not only by bloodline but by conduct and participation as a citizen. The legal process by which an individual becomes a British citizen is characterized by a strict testing of allegiance that is somehow unique to the country. Such formal process covering British nationality and immigration laws have emerged back in 1870 after the United States declared its independence from Britain, when the need to regulate the citizenship of British subjects who have migrated to the US. However, citizenship or British subjecthood has existed prior to this period and may have been as old as the British monarchy itself only that the term/concept has been formally used during this time as contained in the treaty between the two countries. What this means is that British citizenship today has been a product of uninterrupted evolution that is closely tied to the Crown. And so any investigation must be undertaken in the context of its long history and the nuances involved in swearing allegiance to the Crown. Background During the onset of immigration, the movement of people across countries, Britain started to define its own policy towards citizenship. This started during the postwar immigration into Britain mostly by immigrants from its former colonies. This fact – characterized by the relations of a dependent to its former colonizer – is crucial in the policies that would shape how the British government would dispense with citizenship. At this point, the idea that would guide immigration policy is assimilation. Here, immigrants are expected to be assimilated into British life by encouraging them to use the English language and to adopt British way of life, including the observance of various customs and traditions. It was only the 1960s when Britain started rethinking about its policies and promote integration. At this time, immigration can now retain their own cultures entirely since policymakers started to acknowledge that in the immigration and citizenship policies, “no thought was directed inwards… to see whether British society and our school system might be causing these difficulties [for immigrants], or indeed, whether the difficulties might be caused by unacknowledged problems within the majority white British population.” (Hessari and Hill 1989, p9) The catch, however, is that the policy during the 1960s was based on the integrationist theory that considers the homogenous society as the more desirable by encouraging immigrants to fit in by changing their way of life. The recognition that multiculturalism or multiethnicity can be a positive development instead of a liability emerged only in the 1970s. This period, wrote Phillips (2002), marked the “envisaged a socially cohesive society but one in which cultural difference should not only be recognized but actively celebrated, thus viewing diversity not as a weakness or a problem but as a positive strength.” (p149) The “opening up” of the British policy has been promoted in several governmental programs including the elimination of racism in British society and institutions such as in education. Besides this positive reception to diversity, there are no other significant development that affected immigration or how immigrants should become British subjects. There is a hint of a protracted development or a “work-in-progress” situation in the area of completely embracing multiculturalism or in mandating strict citizenship requirement today. One may argue that this slow progress is by choice and that Britain and its policymakers are not, at least in the near future, amenable to relaxing its strict immigration and citizenship policies. This is illustrated in the government’s preoccupation with testing allegiance. Allegiance Test Allegiance is the basis of the British nationality and immigration laws. From the early seventeenth century to the 1940s, British citizenship did not exist because individuals were tied to the United Kingdom by way of their allegiance to the Crown and that the rights and duties associated with British citizenship today flowed from a citizen’s allegiance to the Queen. (Hansel and Weill 2002, p183) Today, except for natural born citizens, individuals seeking to become British national have to undergo this test, along with other requirements and ceremonies of naturalization. The most recent policy covering this citizenship process was the policy introduced in 2004, wherein newcomers are required to swear allegiance to the queen and the United Kingdom, undergo educational classes in citizenship and a number of citizen tests including English language assessments and other examinations designed to gauge the character, psychological capacity, among others. A handbook published by the British government for immigrants described the allegiance testing as necessary and not some rigid task but as a step or a foundation to integration, maintaining that “British citizenship is not a flag of convenience.” (UK Home Office 2004, p. 13) The series of allegiance tests also receive great support from all sectors in the UK. For instance, The Guardian stressed that: “Citizenship means finding a common place for diverse cultures and beliefs, consistent with our core values” underscoring how different cultures and beliefs could undermine the common values in British society. (cited in Barnes, Dransfield and Best 2003, p25) Some critics argue that stringent and almost obsessive preoccupation with allegiance testing could constitute racism. However, the former UK Home Secretary David Blunkett (2001) argued that: To raise issues of identity and belonging is not to lay blame for racism at the door of the victim… But communities need social cohesion as well as social justice… The crucial point is that we have to pursue integration with diversity. Citizenship means finding a common place for diverse cultures and beliefs, consistent with our core values. Blunkett echoed the phrase often cited in defense of strict citizenship procedure – consistency with the British core values. The rationale is quite important for Britain because, among policymakers, there is a growing perception that today there is no strong and shared understanding of the civic realm that consistently weakens British society and its chances to maintain its security and prosperity. Conclusion Again, the British preoccupation with strict allegiance testing and stringent citizenship procedures stems from its desire for a cohesive society and a belief that an individual simply does not become a citizen by merely inhabiting a place. This is also greatly influenced by the country’s history and its dealing such issue. As underscored by the strict allegiance testing, importance is placed on the way community should be successfully bound together with people in it, sharing a set of norms, values, traditions and other cultural practices. This is the reason behind the preference for prolonged residence in Britain because such circumstance guarantees that an individual seeking to become a British subject shares the national identity of the populace. However, the case is, such requirements are legitimate especially as the policy is designed not as a form of racial prejudice but for purposes of protecting the community its citizens, including those new entrants, in the context of the British experience. References Barnes, J, Dransfield, R and Best, S 2003, Society, politics and the economy. Cheltenham: Nelson Thornes. Blunkett, D 2001, "Its not about cricket tests". The Guardian. 17 Nov. 2010, http://www.guardian.co.uk/politics/2001/dec/14/race.uk. Hansen, R and Weill, P 2002, Dual nationality, social rights and federal citizenship in the U.S. and Europe: the reinvention of citizenship. Oxford: Berghahn Books. Hessari, R and Hill, D 1989, Practical ideas for multi-cultural learning and teaching in the primary classroom. London: Routledge. Phillips, R 2002, Reflective teaching of history 11-18. London: Continuum International Publishing Group. UK Home Office 2004, Life in the United Kingdom: a journey to citizenship. London: The Stationery Office. Read More